Salvador P. Simao

Partner
Berkeley Heights,  NJ  U.S.A.
Phone973.646.7302

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Experience & Credentials
 

Practice Areas

  • Employment Law
  • Global Legal Services
  • Government Contractors
  • Healthcare
  • Hospitality
  • Litigation
  • Long Term Care
  • Retail
  • Transportation
  • Wage/Hour
 
University Seton Hall University, B.A., 1994
 
Law SchoolRutgers Law School, J.D., 1997
 
Admitted1998, New York and New Jersey; District of Columbia; U.S. District Court for the Eastern District of New York; U.S. District Court for the Southern District of New York; U.S. District Court for the Northern District of New York; U.S. District Court for the Western District of New York; U.S. District Court for the District of New Jersey
 
Memberships 

Memberships
•American Bar Association (Member, Labor & Employment Section, Federal Labor Standards Legislation Committee)
•New Jersey State Bar Association (Member, Amicus Committee)
•Somerset County Bar Foundation (Board Member)
•Hispanic National Bar Association (Benjamin Aranda Lifetime Member)
•New Jersey Supreme Court Committee on Model Civil Jury (Appointee, Model Civil Jury Charges Committee)
•New Jersey Supreme Court Ethics Committee (Appointee, District VC Ethics Committee)
•New Jersey State Bar Foundation (Member, Program Development Committee)
•New Jersey Supreme Court Model Civil Jury Charge Committee, Employment Law Subcommittee (Member, 2011 - 2012)

 
LanguagesPortuguese (fluent)
 
Born1970
 
Biography

Sal Simao focuses his practice on the representation of companies in employment law matters with a specialization in wage and hour litigation and compliance.

Sal also frequently defends employers against allegations of age, race, national origin, disability, and sex discrimination; sexual and racial harassment; and retaliation. His litigation experience includes representing employers in wage and hour class actions, non-compete claims and ERISA cases. Sal provides Fortune 500 companies day-to-day employment law advice in developing compliance auditing tools, developing informal partnership agreements between the U.S. Department of Labor (DOL) and Fortune 500 companies and training executives, human resources personnel and managers. Sal co-chairs the discrimination international practice group of Ius Laboris, the global human resources law firm alliance of which FordHarrison is the sole U.S. member. He is also on the Board of Directors for the New Jersey Motor Truck Association.

Earlier in his career, Sal was a Trial Attorney with the Office of the Solicitor of the DOL. During his time with the DOL, he litigated a number of novel and high profile wage and hour cases. He also negotiated several unique settlements, securing remedies that were otherwise unobtainable under wage and hour statutes and which served as models for future settlements. Sal successfully represented the DOL in Sereboff v. Mid-Atlantic, 407 F.3d 212 (4th Cir. 2005); which was later affirmed by the U.S. Supreme Court. While at DOL, Sal won several of awards including being the youngest attorney at the time to win the attorney of the year award and several Secretary Exceptional Achievement Awards.

Recent Experience
•Recently served as lead trial counsel in the US District Court, New Jersey defending a Motor Carrier in a Fair Labor Standards Act lawsuit involving the misclassification of owner operators as independent contractors.
•Recently conduct full wage hour audit of Fortune 100 company. The audit included reviewing classifications of exempt employees and independent contractors, the time and attendance /payroll systems and policies and training materials.
•In addition to representing employers in numerous routine single plaintiff discrimination cases, Sal handles complex and novel discrimination matters including the following:
•Conducting a complex analysis of payroll records to defended company in pay equity class action where on the face on the record the company seemed to discriminate against certain protected classes.
•Representing a corporation which was sued by another corporation for reverse discrimination under 12L of New Jersey's law against discrimination based on the company's diversity and inclusion policies.
•Routinely providing advice to companies in termination of employees and reductions in force to avoid disparate impact and litigation.

Recent Publications
•Editor, Fair Labor Standards Act, BNA/ABA Publishing
•America's Work Force Has Been Transformed By the Recent Recession, Construction Today, May 2011
•How to Survive a Wage Hour Investigation, Practical Law Company, January 2010
•Tip Credits, Ask the Expert: Q&A, Fair Employment Practices Guidelines, August 2009
•Creating a Presumption that Owner-Operators Are Employees, Not Contractors, NJ Law Journal, May 7, 2012
•Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method, Inside Counsel, February 27, 2012
•New Jersey Legislature Considering Increase to State Minimum Wage Rate, FordHarrison, LLP Legal Alert, January 30, 2012
•Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012, Inside Counsel, January 30, 2012
•Labor: The Year of the Gotcha, Inside Counsel, January 6, 2012
•Inside Sales Exemption Missing From Revised N.J. Overtime Rules, NJ Law Journal, October 20, 2011
•Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt, FordHarrison LLP Legal Alert, October 13, 2011
•Employee Misclassification Relief? FordHarrison LLP Legal Alert, September 27, 2011

Recent Speaking Engagements
•ABA Independent Contractor Workshop, 2011
•ACI Wage Hour Workshop, 2010 and 2011
•Handling a DOL Investigation, Association for Corporate Counsel Annual Meeting, 2009
•The Hidden Dangers in Independent Contracting, NY Port Industry Day, 2011
•Owner Operators Liability: What You Need to Know, NJ Motor Truck Association, 2011 and 2012
•Hot Issues in Wage Hour Law, NJ Banker's Association, 2011 and 2012
•How to Avoid Wage Hour Landmines: A Practical Approach to Wage Hour Compliance, First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey, 2011

Language

•Portuguese (fluent)

Publications
•Winter Storms Raise a Blizzard of Questions for Employers January 27, 2015
•New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors January 14, 2015
•Supreme Court Narrows Test for Compensable Time Under the FLSA December 9, 2014
•Resource Update: When Voting Rights and Politics Enter the Workplace October 28, 2014
•Diversity... Moving Foward - Summer 2014 August 25, 2014
•New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature May 22, 2014
•Resource Update - Navigating the Shadow Workforce of Interns, Volunteers, Independent Contractors and Temporary Workers May 19, 2014
•D.C. Council Seeks to Amend Wage Theft Prevention Act May 7, 2014
•Legal Alert: President Obama Orders Changes In Overtime Regulations - What to Expect and When March 18, 2014
•Georgia Employment Law Letter
HR Hero March 15, 2014
•Legal Alert: Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014 March 7, 2014
•Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? March 6, 2014
•Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms February 18, 2014
•Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure February 7, 2014
•Legal Alert: New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever February 5, 2014
•Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers January 30, 2014
•Restaurant Industry Newsletter - January 2014 January 10, 2014
•Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval January 8, 2014
•Legal Alert: Proposed Law Would Amend New Jersey Employment Discrimination and Whistleblower Laws to Protect Interns December 3, 2013
•Legal Alert: New Jersey Voters Approve Minimum Wage Hike; Rate to Increase to $8.25 with Future Increases Tied to Cost of Living November 6, 2013
•Legal Alert: Jersey City Passes Paid Sick Leave Law; Applies to Employees Who Work At Least 80 Hours Per Calendar Year in City September 27, 2013
•Legal Alert: New Jersey Governor Signs Social Media and Gender Parity Laws September 5, 2013
•Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Oct. 1, 2013, Employers Must Provide 20 Days' Leave for Victims July 22, 2013
•Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants April 17, 2013
•Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? April 1, 2013
•Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase February 5, 2013
•Legal Alert: Proposed NJ Law Would Impact Certain Independent Contractors October 16, 2012
•Legal Alert: New Jersey Governor Takes Action on Gender Pay Parity Bills September 28, 2012
•Legal Alert: What to Watch in New Jersey - Pending Legislation July 18, 2012
•Legal Alert: Federal Court Finds Owner-Operators Independent Contractors Under FLSA July 3, 2012
•Creating a Presumption that Owner-Operators Are Employees, Not Contractors
New Jersey Law Journal May 7, 2012
•Legal Alert: New Jersey Legislature Considering Increase to State Minimum Wage Rate February 27, 2012
•Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method
Inside Counsel February 27, 2012
•Legal Alert: New Jersey Legislature Attempting to End Owner Operators and Deputize Labor Unions February 15, 2012
•Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012
Inside Counsel January 30, 2012
•Labor: The Year of the Gotcha
Inside Counsel January 6, 2012
•Legal Alert: Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt October 13, 2011
•Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
Practical Law Company October 13, 2011
•Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
Lexology October 13, 2011
•Legal Alert: Employee Misclassification Relief? September 27, 2011
•Employee Misclassification Relief?
Lexology September 27, 2011

Presentations
•Preventing an FLSA DOL Audit May 7, 2014
•Second Annual Holiday Labor & Employment Law Workshop Complimentary Seminar - Basking Ridge, NJ December 6, 2012
•NJ Bankers Employment Law Update Seminar - Monroe Township, NJ March 22, 2012
•First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey December 1, 2011

Media Coverage
•Winter Storms Raise a Blizzard of Questions for Employers January 27, 2015
•New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors January 14, 2015
•Supreme Court Narrows Test for Compensable Time Under the FLSA December 9, 2014
•Resource Update: When Voting Rights and Politics Enter the Workplace October 28, 2014
•When Voting Rights and Politics Enter the Workplace October 14, 2014
•McDonald's, Darden FLSA Fights Show Pitfalls Of Big Classes September 17, 2014
•More States Ban Hiring Discrimination Against the Unemployed, Feds May Follow August 15, 2014
•New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature May 22, 2014
•Resource Update - Navigating the Shadow Workforce of Interns, Volunteers, Independent Contractors and Temporary Workers May 19, 2014
•D.C. Council Seeks to Amend Wage Theft Prevention Act May 7, 2014
•Legal Alert: President Obama Orders Changes In Overtime Regulations - What to Expect and When March 18, 2014
•Employers Should Take The Offense During March Madness March 17, 2014
•Georgia Employment Law Letter March 15, 2014
•Legal Alert: Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014 March 7, 2014
•Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? March 6, 2014
•Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms February 18, 2014
•Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure February 7, 2014
•Legal Alert: New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever February 5, 2014
•Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers January 30, 2014
•Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval January 8, 2014
•2013 Marks Year Of Increased Worker Rights In NJ December 12, 2013
•Legal Alert: Proposed Law Would Amend New Jersey Employment Discrimination and Whistleblower Laws to Protect Interns December 3, 2013
•Legal Alert: New Jersey Voters Approve Minimum Wage Hike; Rate to Increase to $8.25 with Future Increases Tied to Cost of Living November 6, 2013
•Jersey City Sick Leave Law Awaits Mayor's Signature October 10, 2013
•Legal Alert: Jersey City Passes Paid Sick Leave Law; Applies to Employees Who Work At Least 80 Hours Per Calendar Year in City September 27, 2013
•Legal Alert: New Jersey Governor Signs Social Media and Gender Parity Laws September 5, 2013
•NJ Paid Sick Leave Bill Would Ensnare Even Smallest Cos. August 29, 2013
•Legal Alert: New Jersey Enacts Domestic Violence Leave Law July 26, 2013
•Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Oct. 1, 2013, Employers Must Provide 20 Days' Leave for Victims July 22, 2013
•NJ Bill Could Shake Up Contractor Model for Port Trucking May 16, 2013
•Privacy Bill Veto Gives NJ Employers Reprieve From Litigation May 7, 2013
•Protect Yourself and Your Employees April 19, 2013
•Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants April 17, 2013
•NJ High Court Poised To Clarify Whistleblower Protections April 11, 2013
•Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk? April 1, 2013
•Know Your Risks Before You Make Your Bracket March 29, 2013
•What To Expect For NJ Employers In 2013 March 5, 2013
•What to Expect for New Jersey Employers in 2013 March 5, 2013
•Legislature's Radical Remedies For Wage and Hour Violations February 11, 2013
•Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase February 5, 2013
•New Jersey Legislation to Watch in 2013 January 1, 2013
•Drafting the Perfect Arbitration Provision December 3, 2012
•Small Businesses Caught in the Crosshairs November 1, 2012
•Federal Judge Dismisses Drayage Lawsuit in New Jersey; Judge Says Lease Agreement Indicates Drayage drivers are Independent Contractors, Not Employees July 16, 2012
•Ironbound Express Wins dismissal of Teamster-Supported Lawsuit July 3, 2012
•'Inside Sales' Exemption Missing From Revised N.J. Overtime Rules October 20, 2011
•Movers October 17, 2011
•Law Firm Insider: 9/27/11 September 27, 2011

 
ISLN914421113
 

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New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature
Joanna S. Rich,Salvador P. Simao, May 27, 2014
Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out of the Assembly Labor Committee as amended. Existing law makes it unlawful...

D.C. Council Seeks to Amend Wage Theft Prevention Act
Salvador P. Simao,Jacquelyn L. Thompson, May 9, 2014
Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties, create an onerous formal hearing process, impose liability on contractors for subcontractors'...

President Obama Orders Changes In Overtime Regulations - What to Expect and When
Salvador P. Simao, March 20, 2014
Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay.

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Office Information

Salvador P. Simao

400 Connell Drive, Suite 5200
Berkeley HeightsNJ 07922




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